NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-20155
Irving T. Bergman, Referee
(Ruben Sanchez
PARTIES TO DISPUTE:
(Elgin, Joliet and Eastern Railway Company
STATEMENT OF CLAIM: Ruben Sanchez requests his job back from the Elgin,
Joliet, Eastern Railroad Company. He had been employed
for 13 years and left as a Track foreman. He was a member of the Maintenance
of Way Labor Union. And he can't understand why union refused to handle the
case.
OPINION OF BOARD: The Railway Labor Act, Section 3, First (i), sets forth
the requirements for handling disputes growing out of
grievances. Only cases handled in the usual manner on the property may be
referred to
this Board if they are not adjusted on the property.
It is clear from an examination of the record before us that the
claimant ignored the appeals procedure on the property. He has attempted to
bring his claim to this Division in violation of the above stated section of
the Railway Labor Act, and Circular No. 1. We are barred from considering
the merits of the claim. Accordingly, the claim will be dismissed:
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are
respectively Carrier
and Employes within the meaning of the Railway Labor
Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
The claim is barred.
A WAR D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 8th day of August 1973.